Mannankatti vs Suresh
2021 Latest Caselaw 1255 Mad

                                                                                   C.M.A.No.1938 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 20.01.2021

                                                           CORAM

                                   THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

                                                 C.M.A.No.1938 of 2017
                     1.Mannankatti

                     2.Banumathi

                     3.Suresh

                     4.Santhi                                                          ..Appellants
                                                             Vs.
                     1.Suresh

                     2.The National Insurance Co.Ltd.,
                       Third Party Claims HUB,
                       No.751, Annasalai,
                       Chennai 600 002.                                               ..Respondents

                     Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
                     Employees Compensation Act, 1923, against the award dated
                     15.04.2015 made in W.C.No.142/2013 on the file of the Deputy
                     Commissioner of Labour-II, Chennai and the cover in which the award
                     was sent was lost.

                                     For Appellants      : Mr.F.Terry Chellaraja

                                     For Respondents : Mr.R.Ravichandran for R2
                                                       R1 - exparte

                     1/4
https://www.mhc.tn.gov.in/judis/
                                                                             C.M.A.No.1938 of 2017

                                                   JUDGMENT

The award dated dated 15.04.2015 made in W.C.No.142 of 2013,

is under challenge in the present civil miscellaneous appeal.

2. The facts as well as the amount of award are not disputed by

the respective parties to the present appeal on hand. The learned counsel

for the parties made a joint submission that the interest portion alone is

to be reconsidered by this Court in the appeal.

3. The learned counsel for the appellants made a submission that

the Deputy Commissioner of Labour granted interest at the rate of 12%

per annum, if the award amount has not been deposited within 30 days

and such condition imposed is in violation of the statutory provisions of

the Employees Compensation Act. As per Section 4(A) (3)(a) of the

Employees Compensation Act, the claimants are entitled for interest at

the rate of 12% per annum. However, the interest is to be calculated

from the date of accident and not from the date of expiry of 30 days

from the date of passing of the award.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1938 of 2017

4. In view of the fact that the interest is to be calculated from the

date of accident, the award dated 15.04.2015 made in W.C.No.142 of

2013 stands modified and accordingly, the appellants are entitled to get

interest at the rate of 12% per annum from the date of the accident. The

revised interest amount is to be deposited by the second respondent

Insurance Company, within a period of twelve weeks from the date of

receipt of a copy of this order. On such deposit, the appellants are

permitted to withdraw the award amount by filing an appropriate

application and payments are to be made through RTGS.

5. Accordingly, the award dated 15.04.2015 made in W.C.No.142

of 2013 stands modified and C.M.A.No.1938 of 2017 stands allowed in

part. No costs.

20.01.2021 Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order gsk

To The Deputy Commissioner of Labour-II, Chennai.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1938 of 2017

S.M.SUBRAMANIAM, J.

gsk

C.M.A.No.1938 of 2017

20.01.2021

https://www.mhc.tn.gov.in/judis/